Annex 1-A

To the Particular Conditions of Contract

PERFORMANCE SECURITY- BANK GUARANTEE FOR GOOD
PERFORMANCE OF WORK
Tenderers are to submit confirmation that a Performance Bank guarantee will be
provided in the terms as set out in the Form set out in this Annex 1-A. The actual Bank
Guarantee shall be executed at contract award.
Brief description of Contract The Contract concerns tl1e engineering, procurement,
supply, erection and commissioning of a 180 MW
Diesel Power Station Project at Zouk Power Plant,
Beirut, Lebanon
PERFORMANCE BANK GUARANTEE (UNCONDITIONAL)
To: Tile Employer's Name & Address
Gentlemen,
WHEREAS, ... .... .... ...... ..... .. (name and address of Contractor), hereinafter called
"the Contractor") has undertaken in pursuance of Contract No .
. . . . . . . . .. . . . . .. . . . . . .. .... dated ............ ... to execute
. .. .. . ................. ............... ................ (name of project) hereinafter called "the
Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor
shall furnish you with an unconditional an irrevocable Bank Guarantee by a recognized
bank for the sum specified. therein as security for compliance with his obligations in
accordance with the contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you (
on behalf of the Contractor up to a total of .. .. .. ....................... (i11 words) such sum '
being payable in the types and proportions of currencies in which the Contract Price is
payable, and we undertake to pay you, upon your first written demand and without cavil
or argument, any sum or sums within the limits of.......... . ............ (amount of
Guar.tntee in the currency(ies) specified) ....................... (in words) as aforesaid
without your needing to prove or to show grounds or reasons for your demand for the
sum specified
We hereby waive the necessity of your demanding the said debt from the Contractor
before presenting us witll the demand.
no change or addition to or other modification oftlle terms of the
he rks to be performed hereunder or of any offue Contract
y be made between you and the Contractor shall in any way
liability under this guarantee,, and we hereby waive notice of any
(
\
)
u
such change, addition or modification.
This guarantee shall be valid until the date of is5ue of the Defects Liability Certificate
by the Employer. In any case defect liability period shall not extend beyond four years
from the date of taking over.
SIGNATURE AND SEAL OF THE GUARANTOR
Name of the Bank .. ... ............ .. .... ,
Address
Date
. :
.
' I ' : o
. . ... . -,
I : ; : , . ~ :
)
Annex 1-B
To the Particular Conditions of Contract
PERFORMANCE SECURITY- BANK GUARANTEE FOR GOOD
PERFORMANCE OF WORK
Tenderers are to submit confirmation that a Performance Bank guarantee will be
provided in the terms as set out in the Form set out in this Annex 1-B. The actual Bank
Guarantee shall be executed at contract award.
Brief description of Contract The Contract concerns the engineering, procurement,
supply, erection and commissioning of a 80 MW
Diesel Power Station Project at Jiyeh Power Plant,
Beirut, Lebanon
PERFORMANCE BANK GUARANTEE (UNCONDITIONAL)
To: Tile Employer's Name & Address
Gentlemen,
WHEREAS, . ............... ........ (11ame a11d address of Contractor), hereinafter called
"the Contractor") has undertaken in pursuance of Contract No .
. . . . . . . . . . . . . . . . . . . . . . . . ... dated ............... to execute
........ . ............. ... ... .. . . ........ .............. (name of project) hereinafter called "the
Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor
shall furnish you with an unconditional an irrevocable Bank by a recognized
bank for the sum specified. therein as security for compliance with his obligations in
accordance with the contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you
on behalf of the Contractor up to a total of .......... (in words) such sum
being payable in the types and proportions of currencies in which the Contract Price is
payable, and we undertake to pay you, upon your first written demand and without cavil
or argument, any sum or sums within the limits of.......... ... .. ...... .. (amount of
Guarantee in the currency(ies) specified) ... ............... ..... (i11 words) as aforesaid
without your needing to prove or to show grounds or reasons for your demand for the
sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor
before with the demand.
. r 1>
7>
o change or addition to or other modification of the terms of the
rks to be performed hereunder or of any of the Contract
t
". ,.,
,__
.,
1 ;; 1
'
(
documents which may be made between you and the Contractor shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any
such change, addition or modification.
This guarantee shall be valid until the date ofissue of the Defects Liability Certificate
by the Employer. In any case defect liability period shall not extend beyond four years
from the date of taking over.
SIGNATURE AND SEAL OF THE GUARANTOR,
Name of the Bank ....................... ,
Address
Date
,. .. ~ . ---....
- ' .: .
'
\
I
I
.I
I
I
I
I
Annex 2-A- Not Available
To the Particular Conditions of Contract
ADVANCE PAYMENT GUARANTEE
Tenderers are to submit confinnation that a Bank Guarantee will be provided in the
tenns as set out in the Fonn set out in this Annex 2-A. The actual bank guarantee shall
be executed at contract award.
FORM OF BANK GUARANTEE FOR ADVANCE PAYMENT
Brief description ofContract The Contract concerns the engineering, procurement,
supply, erection and commissioning of a 180 MW
Diesel Power Station Project at Zouk Power Plant,
Beirut, Lebanon".
To: The Employer's Name & Address
............................................ ............ .... (name of contract)
Gentlemen,
In accordance with the provisions ofthe Conditions of Contract, sub clause 14.2
("Advance Payment") of the above-mentioned Contract, ................................. .
name and address of Contractor, (hereinafter called "the Contractor") shall deposit with
................................... (name of employer) a bank guarantee to guarantee his
proper and faithful perfonnance under the said Clause of the Contract in an amount of
. .. ............. .............. (amount ofGuarantee)
. ... . .... . ................... . .... . ....... . ............. (in words)
The amount there of shall be progressively reduced by the amount recovered
from the Contractor payments as indicated in Tenn Payment Certificates issued in
accordance with sub-clause 14.2 ("Advance Payment").
We, the.... ..... ............... ....... ... (the Bank or Financial
Institution), as instructed by the Contractor, agree unconditionally and irrevocably to
guarantee as- primary obligator and not as Surety merely, the payment to .. ...... ... ... .
(name of Employer) on his first demand without whatsoever right of objection on our
part and without his first claim to the Contractor, in the amount not exceeding
.. ...... .. ... .. .... .... . (amount of guarantee) ............... " ...................................... (in
words).
We further agree that no change or addition to or other modification of the tenns
Works to be perfonned thereunder or of any of the Contract
be made between ........................................ (name of
ntractor, shall in any way release us from any liability under this
.:>

,.
.
/
. I
(
/! ,11

u
..
guarantee, and we hereby waive notice of any such change, addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance
payment under the Contract by the Employer until he receives full repayment of the
same amount from the Contractor.
Yours truly,
SIGNATURE AND SEAL:
Name of Bank/Financial Institution
Address
Date:
Signed by--------
Duly authorized to sign this bid for and on behalf of _________ _
Dated -------
. !"
j
..
Annex3A
to the Particular Conditions of Contract
INTERIM PAYMENT GUARANTEE- DEMAND GUARANTEE
Brief description of Contract The Contract concerns the engineering, procurement,
supply, erection and collllllissioning of a 180 MW Diesel
Power Station Project at Zouk Power Plant, Beirut,
Lebanon".
Name and address of Beneficiary ______ ___ ________ _
the Contract defines as the Employer)
We have been infonned that (hereinafter called the "Principal") is your
Contractor under such Contract, which requires him to obtain an Interim Payment Guarantee.
At the.request of the Principal, we (name of bank) hereby
irrevocably undertake to pay you, the Beneficiary/Employer, any sum or sums not exceeding i
total the amount of (the "guaranteed amount", say:
upon receipt by us of your demand in writing and your written
statement stating:
(a) that the Principal is in breach of his obligation(s) under the Contract, and
(a) the respect in which the Principal is in breach.
This guarantee shall become effective upon receipt of the first Interim Payment by the Principal.
Such guaranteed amount shall be reduced by the respective amounts of Interim Payment (already
handed over as Plant and Materials and being properly stored on Site and protected against loss,
damage or deterioration) as evidenced by your statements. Following receipt of each statement,
we shall promptly notify you of the revised guaranteed amount accordingly.
Any demand for payment must contain your signature(s) which must be authenticated by your
bankers or by a notary public. The authenticated demand and statement must be received by us at
this office on or before (the date 70 days after the expected expiry of the Time for Completion)
_ _ _ _ __ (the "expiry date"), when this guarantee shall expire and shall be returned to
us.
We have been infonned that the Beneficiary may require the Principal to extend this guarantee if
the Taking Over Certificate under the Contract has not been issued by the date 28 days prior to
such expiry date. We undertake to pay you such guaranteed amount upon receipt by us, within
such period of 28 days, of your demand in writing and your written statement that the Taking over
Certificate has not been issued for reasons attributable to the Principal, and that this guarantee has
not been extended....
(
I
I
l
I
I
I
.I
I
.. I
I
I
,I
Annex3B
to the Particular Conditions of Contract
INTERIM PAYMENT GUARANTEE- DEMAND GUARANTEE
Brief description of Contract
Name and address of Beneficiary
The Contract concerns the engineering, procurement,
supply, erection and commissioning of a 80 MW Diesel
Power Station Project at Jiyeh Power Plant, Lebanon".
_ _ _ _______ _ _ _ ____ (whom the Contract defmes as the Employer)
We have been informed that (hereinafter called the "Principal") is your
Contractor under such Contract, which requires him to obtain an Interim Payment Guarantee.
At the request of the Principal, we (name of bank) hereby
irrevocably undertake to pay you, the Beneficiary/Employer, any sum or sums not exceeding in
total the amount of ": (the "guaranteed amount", say:
- --- - ---" upon receipt by us of your demand in writing and your written
statement stating:
(a) that the Principal is in breach ofhis obligation(s) under the Contract, and
(a) the respect in which the Principal is in breach.
This guarantee shall become effective upon receipt of the first Interim Payment by the Principal.
Such guaranteed amount shall be reduced by the respective amounts of Interim Payment (already
handed over as Plant and Materials and being properly stored on Site and protected against loss,
damage or deterioration) as evidenced by your statements. Following receipt of each statement,
we shall promptly notify you of the revised guaranteed amount accordingly.
Any demand for payment must contain your signature(s) which must be authenticated by your
bankers or by a notary public. The authenticated demand and statement must be received by us at
this office on or before (the date 70 days after the expected expiry of the Time for Completion)
_ ___ ___ (the "expiry date"), when this guarantee shall expire and shall be returned to
us.
.'1
We have been informed that the Beneficiary may require the Principal to extend this guarantee if
the Taking Over Certificate under the Contract has not been issued by the date 28 days prior to
such expiry date. We undertake to pay you such guaranteed amount upon receipt by us, within
such period of 28 days, of your demand in writing and your written statement that the Taking over
Certificate has not been issued for reasons attributable to the Principal, and that this guarantee has
" not been extended.
This guarantee shaJI be governed by the laws of and shall be subject to the
Uniform Rules for Demand Guarantees, published as number 458 by the International Chamber of
Commerce, except as stated above.
Signature(s): - ---- ------ ----
1-------.../ , , , _ftnnex 4
)
I
I
to the Particular Conditions of Contract
PARENT CO.MPANY GUARANTEE
Brief description of Contract
Name and address of Employer
.,
__________________ (together with successors and assigns).
We have been informed that (hereinafter called the "Contractor") is submitting
an offer for such Contract in response to your invitation, and that t11e conditions of your invitation require his
offer to be supported by a parent company guarantee.
In consideration of you, the Employer, awarding the Contract to the Contractor, we (name OJ JJr
company) irrevocably and unconditionally guarantee to you, as a primary obligor bJ.
mere surety, the due performance of all the Contractor's obligations and liabilities under the Contract,
including the Contractor's compliance with all its terms and conditions according to their true intent and
meaning.
If the Contractor fails to so perform his obligations and liabilities and comptywitb the Contract, we will
indemnify the Employer against and from all damages, losses and expenses (including legal fees and
expenses) which arise from any such failure for which the Contractor is liable to the Employer under the
Contract.
This guarantee shall come into full force and effect when the Contract comes into full force and effect. If the
Contract does not come into full force and effect within a year of the date of this guarantee, or if you
expressly indicate in written that you do not intend to enter into the Contract with the Contractor, this
guarantee shall be void and ineffective. This guarantee shall continue in full force and effect until all the
Contractor's obligations and liabilities under the Contract have been discharged, when this guarantee shall
expire and shall be retumed to us, and our liability hereunder shall be discharged absolutely.
This guarantee shall apply and be supplemental to the Contract as amended or varied by the Employer and
the Contractor from time to time. We hereby authorize them to agree any such amendment or variation. the
due performance of which and compliance with which by the Contractor are likewise guaranteed hen
Our obligations and liabilities under this guarantee shall not be discharged by any allowance of time oro
indulgence whatsoever by the Employer to the Contractor, or by any variation or suspension of the work..
be executed under the Contract, or by any amendments to the Contract or to the constitution of the Contractor
or the Employer, or by any other matters, whether with or without our knowledge or consent.
This guarantee shall be governed by the law of the same country (or other jurisdiction) as that which governs
the Colltract and any di.spute under this guarantee shall be finally settled under the Rules of Arbitration of the
International Chamber of Commerce by one or more rubitrators appointed in accordance with such Rules.
We conftnn that the benefit of this guarantee may be assigned subject only to the provisions for assignment of
the Contract
Signature(s): ---- ----------
(
.I
I
)
Annex SA
to the Particular Conditions of Contract
DISPUTE ADJUDICATION AGREEMENT
[for each member of a three-person DAB]
Brief description of Contract The Contract concerns the engineering, procurement,
supply, erection and commissioning of a 180 MW Diesel
Power Station Project at Zouk Power Plant, Beirut,
Lebanon".
Name and address of Employer
Name and address of Contractor
Name and address of Member
Whereas the Employer and the Contractor have entered into the Contract and desire jointly to
appoint the Member to act as one of the three persons who are jointly called the "DAB" [and
desire the Member to act as chainnan of the DAB] to adjudicate a dispute which has arisen in
relation to
Tbe Employer, Contractor and Member jointly ~ r e e as follows:
I.
2.
3.
4.
5.
The conditions of this Dispute Adjudication Agreement comprise the "General Conditions
of Dispute Adjudication Agreement", which is appended hereto, and the following
provisions. In these provisions, which include amendments and additions to the General
Conditions of Dispute Adjudication Agreement, words and expressions shall have the same
meanings as are assigned to them in the General Conditions of Dispute Adjudication
Agreement.
Annex to the General Conditions ofDispute Adjudication Agreement, the Procedural Rules
In accordance with Clause 6 of the General Conditions of Dispute Adjudication Agreement,
tl1e Member shall be paid a daily fee of900 per day.
In consideration of these fees and other payments to be made by the Employer and the
Contractor in accordance with Clause 6 of the General Conditions of Dispute Adjudication
Agreement, the Member undertakes to serve, as described in this Dispute Adjudication
Agreement, as one of the three persons who are jointly to act as the DAB.
The Employer and the Contractor jointly and severally undertake to pay the Member, in
consideration of the carrying out of these services, in accordance with Clause 6 of the
General Conditions of Dispute Adjudication Agreement.
SIGNED by: SIGNED by: SIGNED by:
for and on behalf of the for and on behalf of the the Member in the presence
Employer in the presence of Contractor in the presence of of
Witness: Witness:
Name: Name: Witness:
Address: Address: Name:
Date: Date: Address:
Date:
I
I
j
I
I
I
Annex SA
to the Particular Conditions of Contract
DISPUTE ADJUDICATION AGREEMENT
Brief description of Contract
Name and address of Employer
Name and address of Contractor
Name and address of Member
[for each member of a three-person DAB]
The Contract concerns the engineering, procurement,
supply, erection and corrunissioning of a 80 MW Diesel
Power Station Project at Jiyeh Power Plant, Lebanon".
Whereas the Employer and the Contractor have entered into the Contract and desire jointly to
appoint the Member to act as one of the three persons who are jointly called the "DAB" [and
desire the Member to act as chairman of the DAB] to adjudicate a dispute which has arisen in
relation to *
The Employer, Contractor and Member jointly agree as follows:
1. The conditions of this Dispute Adjudication Agreement comprise the "General Conditions
of Dispute Adjudication Agreement", which is appended hereto, and the following
provisions. In these provisions, which include amendments and additions to the General
Conditions of Dispute Adjudication Agreement, words and expressions sbalJ have the same
meanings as are assigned to them in the General Conditions of Dispute Adjudication
Agreement
2. Annex to the General Conditions of Dispute Adjudication Agreement, the Procedural Rules
3. In accordance with Clause 6 of the General Conditions of Dispute Adjudication Agreement,
the Member shall be paid a daily fee of900 per day.
4. In consideration of these fees and other payments to be made by the Employer and the
Contractor in accordance with Clause 6 of the General Conditions of Dispute Adjudication
Agreement, the Member undertakes to serve, as described in this Dispute Adjudication
Agreement, as one of the three persons who are jointly to act as the DAB.
5. The Employer and the Contractor jointly and severally undertake to pay the Member, in
consideration of the carrying out of these services, in accordance with Clause 6 of the
General Conditions of Dispute Adjudication Agreement.
SIGNED by: SIGNED by: SIGNED by:
for and on behalf of the for and on behalf of t ~ the Member in the presence
Employer in the presence of Contractor in the presence of of
Witness: Witness:
Name: Name: Witness:
Address: Address: Name:
Date: Date: Address:
Date:
..
,
\." ...
....
u
Annex6A
to the Particular Conditions of Contract
FORM OF RETENTION MONEY BANK GUARANTEE
Brief description of Contract
To: Employer's Name & Addre..trs
Dear Sirs,
The Contract concerns the engineering, procurement,
supply, erection and commissioning of a 180 MW Diesel
Power Station Project at Zouk Power Plant, Beirut,
Lebanon".
We refer to the contract signed on ................... between you and .............................. (hereinafter
called "the Contractor") concerning execute "-project name-" (hereinafter called "the
Contract").
We, tl1e undersigned, ............................ ,a Bank organized under the laws of ............. having its
registered office at ............................... hereby issue this irrevocable and unconditional Bank
Guarantee in the amount of .................. (say ................................ only) being 5% (FIVE
PERCENT) of the amount to be paid by you to the Contractor in respect of the Interim
Payment as specified in sub-clause ( -----) of Conditions of Contract
We undertake to make payment under this Bank Guarantee up to the Guaranteed Amount upon
your first written demand, without cavil or argument, and without your needing to prove or to
show grounds or reasons for your demand.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or oilier modification of the terms of the
Contract or of the Works to be performed thereunder or of any of the Contract documents
which may be made between you and the Contractor shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall automatically become null and void, on the date of issue of the
Performance Certificate in accordance with Clause 11.9 by the Employer, i.e. on ................. .
(expected date). In case the Performance Certificate is not issued at the above mentioned date,
this guarantee is deemed to be renewed automatically by additional period(s) of Four (4)
months until tlle issuance of such Performance Certificate.
Signature and Seal: ........................................................................................ .
Name of Bank/Financial Institution: ............................................................. .
Address: ....................................................................................................... .
Date: ....................................................... .
Signed by-------- .. '
Annex6B
to the Particular Conditions of Contract
FORM OF RETENTION MONEY BANK GUARANTEE
Brief description of Contract
To: Employer's Name & Address
Dear Sirs,
The Contract concerns the engineering, procurement,
supply, erection and commissioning of a 80 MW Diesel
Power Station Project at Jiyeh Power Plant, Beirut,
Lebanon".
We refer to the contract signed on ................... between you and .............................. (hereinafter
called "the Contractor") concerning execute "-project name-" (hereinafter called "the
Contract").
We, the undersigned, ............................ ,a Bank organized under the laws of ............. having its \::;_.;.!
registered office at ............................... hereby issue this irrevocable and unconditional Bank
Guarantee in the amount of .................. (say ...................... .......... only) being 5% (FIVE
PERCENT) of the amount to be paid by you to the Contractor in respect of the Interim
Payment as specified in sub-clause ( ---) of Conditions of Contract.
We undertake to make payment w1der this Bank Guarantee up to the Guaranteed Amooot upon
your first written demand, without cavil or argument, and without your needing to prove or to
show grounds or reasons for your demand.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed thereunder or of any of the Contract documents
which may be made between you and the Contractor shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification. :
This guarantee shall automatically become null and void, on the date of issue of the
Performance Certificate in accordance with Clause 11 .9 by the Employer, i.e. on ................. .
(expected date). In case the Performance Certificate is not issued at the above mentioned date,
this guarantee is deemed to be renewed automatically by additional period(s) of Four (4)
months until the issuance of such Performance Certificate.
Signature and Seal: ........................................................................................ .
Name of Bank/Financial Institution: ............................................................. .
Address: ....................................................................................................... .
Date: ....................................................... .
this bid for and on behalf of ____ _____ _